BRAXTON v. STATE


479 A.2d 831 (1984)

Wilbert T. BRAXTON, Jr., Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: July 13, 1984.


Attorney(s) appearing for the Case

Wilbert T. Braxton, Jr., pro se.

Ferris W. Wharton, Deputy Atty. Gen., Wilmington, for appellee.

Before McNEILLY, MOORE and CHRISTIE, JJ.


CHRISTIE, Justice:

In this case the Court must decide what remedy is available to a criminal defendant whose attorney was given a timely instruction to file an appeal to the Delaware Supreme Court but failed to do so in violation of his duties under Rule 26(a).

The defendant, Wilbert T. Braxton, Jr., was convicted, after a jury trial, of rape second degree and possession of a deadly weapon during the commission of...

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